Minister Edson Fachin finally included on the virtual agenda ADI 7706, which demands that parties – right, left and center – return electoral funds allocated to black and female candidates in the last elections, but diverted by acronyms.
The appeal, which also challenges the amnesty granted to the parties, was due to be judged on October 22, but was stopped after Luís Roberto Barroso left the post of rapporteur. Now under the responsibility of Cristiano Zanin, the file must be analyzed between December 12 and 19, in a virtual session of the Supreme Court.
The decision to guide the process came after pressure was put on Fachin to appoint a new rapporteur, without waiting for Jorge Messias to take office, with no date yet set.
But the conflict promises to be tough, because even opposition parties, like the PT and the PL, have united against the possibility of having to return resources.
Another important element is the performance of the rapporteur: Cristiano ZaninLula’s lawyer before arriving at the STF. According to the entities involved, this is expected to follow the position of the PT and other parties.
In 2023, in the PGR’s first opinion, prosecutor Elizeta Ramos argued that the party amnesty was unconstitutional because it undermined positive policies. However, in the latest opinion, Paulo Gonet defended the constitutionality of almost the entire amendment.
The only reservation was the request to the STF to clarify that the 30% allocated to black candidates does not function as a maximum limit, but as a mandatory floor, adjusted according to the proportion of black and brown candidates in each election – a factor also defended by the entities.
In his pleading before the ministers, lawyer Márlon Reis, who represents the Network and the National Federation of Quilombola Associations — authors of the ADI — will emphasize that not recognizing the illegality of the amendment is a way of privileging the minority of the population, since 56% of Brazilians and a large proportion of candidates declare themselves black.
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